- 32 - creates an unrealizable asset. As a result, respondent argues that the favorable financing intangible assets cannot be valued separately, without looking at the value of the underlying mortgages. According to respondent, petitioner’s valuation method results in overvaluation, double counting of assets, and accounting irregularities because petitioner marks its liabilities to market without making the corresponding downward adjustment to its assets. a. Favorable Financing Is an Asset Respondent’s contra-liability argument revisits the question of whether favorable financing can be an amortizable asset. We have already rejected respondent’s argument that favorable financing is a liability. See Fed. Home Loan Mortgage Corp. v. Commissioner, 121 T.C. at 269, where we stated: Respondent argues that petitioner’s favorable financing represents a “liability”, not an “asset”. Respondent claims that petitioner is “attempting to adjust, for tax purposes, the asset side of its balance sheet to account for an overstatement in fair market value terms of its liabilities.” We cannot agree with respondent’s proposed characterization of petitioner’s favorable financing as a liability. Indeed, as petitioner points out, there is a valuable economic benefit associated with the below-market interest rates on its financing arrangements as of January 1, 1985. It is this economic benefit which petitioner claims as an intangible asset and upon which it bases its claimed amortization deductions.Page: Previous 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 Next
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